Khim (Migration)

This matter concerned an appeal by the applicant, Khim, against the cancellation of their Subclass 500 (Student) visa. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the delegate's decision to cancel the visa. The applicant had declined an invitation to attend a hearing, leading the Tribunal to proceed with its decision based on the available evidence.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with section 101 of the *Migration Act 1958* (Cth) by providing incorrect answers in their visa applications, and if so, whether the visa should be cancelled. Section 101 mandates that a non-citizen must complete their visa application form such that all questions are answered and no incorrect answers are provided. The Tribunal was required to determine if the notice issued under section 107 of the Act, which particularised the alleged non-compliance, was valid and if the non-compliance alleged in the notice had occurred.

The Tribunal found that the notice issued under section 107 complied with statutory requirements and that the applicant had indeed failed to comply with section 101. Evidence presented indicated that the applicant had previously entered Australia under different names (Whan Suo Khim and Han Soo Kim), all linked by the same unique Korean identity number. These previous entries involved unlawful periods of stay, removal from Australia, and debts to the Commonwealth, all of which were answered negatively in the applicant's subsequent visa applications. The Tribunal concluded that the applicant had provided incorrect answers regarding previous entries, unlawful residence, debts to the Commonwealth, and removals from Australia, thereby engaging section 109 of the Act.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa, finding that the non-compliance described in the section 107 notice had occurred and that, having regard to all relevant circumstances, the visa should be cancelled.